Administration of the Masaajid Fatwa No: 88689
- Fatwa Date:27-9-2004
I want to know:
1) Whether appointment of trustees for a non - profit corporation supervising Masaajid and other religious activities, for life, is acceptable from Islaamic pointy of view.
2) Is it Islaamicly correct to have trustees of such a corporation to restrict the running of the affairs among themselves only without Surah of Musalleen.
3) Is it Islaamicly permitted not to allow any membership in such a corporation thus deriving them to legally participate in the affairs of the Masjid; or legally question the trustees. If you need the specific clause of the articles I will gladly e-mail to you.
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
There is no doubt that running charitable institutions which are set up to cater for mosques and activities for calling to Islam is a great responsibility. Therefore, they must be run by competent people who are qualified regarding religious knowledge and trust. If there is a deficiency in the people of responsibility, automatically there would be a deficiency in the work of the institution and this causes many evils.
If the people who are taking this responsibility are qualified for the positions of trust and fulfill their duties, then there is no harm for them to remain for a long time, even for life. The objective is to carry out this responsibility properly, not to change the people who are running it. So there is no harm Islamicly for them to remain in charge if they fulfill their duty. However, they have to consult other wise Muslims in matters that arise in order to ascertain the reality of these matters. Allaah says – addressing His Prophet (interpretation of meaning): {…and consult them in the affairs.}[3:159]. The Prophet used to consult his companions regarding the caravan of Quraysh during, the battle of Badr about which part of the land they would settle in, and Al-Habaab Ibn Al-Munthir pointed to him to proceed. He consulted them in the battle of Uhud, as to whether they would go out or strengthen their position by staying in Madeenah, as well as in the battle of Khandaq about making a pact with the confederates in exchange of a third of the fruits of Madeenah. Saa'd Ibn Mu'aath and Saa'd Ibn ‘Iyaadah refused this idea, and so forth.
However, the trustees in should not consult people who have no knowledge in matters concerning the call to Allaah, the All-Mighty, and should not consult the people who are known to be dissolute about matters regarding the mosque. In these matters wise men and people of piety and sound religion and knowledge should be consulted.
To change the trustees when they are fulfilling their duties, and asking to carry a vote about it, is not of the religion of Islam but it is following the way of the Christians and the Jews, as the one who gets the most votes is appointed as a trustee even if he is dissolute or ignorant, and the one who is rejected by the majority of the people is not appointed even though he is pious and knowledgeable.
Allaah knows best.